Teen accused in murder of student appears in court

A 14-year-old boy charged with the murder of a classmate appeared in court for the first time Monday. Wearing a brown jail jumpsuit and shackles on his hands, Michael Hernandez calmly sat in a corner while the adults around him argued about whether a videotaped confession should be released to the public.

Hernandez is being tried as an adult in the first-degree murder of Jaime Gough, 14. Police say Hernandez admitted to killing Gough at Southwood Middle School on Feb. 3 but did not explain why. Hernandez could receive a life sentence without the possibility of parole if convicted.

Hernandez appeared serene at Monday's hearing and spent much of his time quietly speaking with his attorney and listening to the proceedings. With a shaved head and glasses, Hernandez appeared more mature than in his yearbook photo. But at 5'2," he still has a boy's frame.

Defense attorney Richard Rosenbaum argued that the tape's release would hamper his client's chances at a fair trial. He also argued that two pages of his client's journal should not be released and said that he would consider asking the judge to close all court proceedings to the public.

Forty-one pages of Hernandez's journal have already been released by prosecutors after a public record's request.

Rosenbaum said that at least one aspect of the journal had been misconstrued by news reporters, who painted a damaging portrait of his client. When Hernandez scrawled the message, "will become a serial killer," on the bottom of a printout on mass murderers, the teen was not making a statement but merely copying the last entry on the page that had not printed out.

But other pages in the journal indicate Hernandez was fascinated with violence and several pages appear to be unfinished lists with headings such as body count and what was done.

Prosecutors told the judge Monday they would not object to releasing the two remaining pages of the journal, which seem to be a hit list and another with the word "plan" as a heading. Prosecutors also said they are obligated to release portions of the videotape which do not encompass the "substance of a confession."

Florida law requires that law enforcement material be made public after prosecutors turn over their evidence to defense attorneys.

A confession is considered an exemption. However, general statements would have to be released, media attorneys argue.

Karen Kammer, an attorney representing NBC and Post-Newsweek, argued that the public had a right to portions of the tape and the two pages in the journal. She said the defense attorney had not met his burden of proof to show that the release of such material would cause enough harm to warrant the denial of the public's right to the material.

Circuit Judge Henry Leyte-Vidal is expected to issue his decision on Thursday.

Diana Marrero can be reached at dmarrero@sun-sentinel.com or 305-810-5005.